What is another word for contra proferentem?

Contra proferentem (Latin: "against [the] offeror"), also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the ...

What is the contra proferentem rule in the UK?

The contra proferentem rule is used when interpreting an ambiguous clause within a contract; should a clause appear to be equivocal the words should be construed against the interests of the person who insisted that the clause be included.

What is the origin of the term contra proferentem?

The contra proferentem rule comes from the Latin maxim “verba chartarum fortius accipiuntur contra proferentem”, meaning that ambiguous words should be construed in the sense in which a prudent and reasonable person on the other side would understand them.

Can you contract out of contra proferentem?

While it is a basic tenet of contract law that parties can contract out of almost any default rule, in the context of insurance policies, the contractual waiver of contra proferentem is particularly troubling.

What is contra proferentem in simple terms?

A Latin term meaning "against the offeror", which is a doctrine of contractual interpretation. It provides that, where a promise or agreement is ambiguous, the preferred meaning should be the one that works against the interests of the party that provided the wording.

Contra Proferentem

What are the three elements of force majeure?

There are generally three essential elements to force majeure: • tt can occur with or without human intervention • it cannot have reasonably been foreseen by the parties • It was completely beyond the parties' control and they could not have prevented its consequences.

What is the golden rule of the contract?

The golden rule for agreements is that terms should be capable of clear interpretation as to their meanings in an ordinary and natural sense of the word (or words) in the context of the clause in which they appear. Words or noun phrases that have special meaning should be defined in a dictionary to the agreement.

What is promissory estoppel?

Promissory estoppel means that a person will be prevented (estopped) from denying liability for breaching his or her promise, when another person reasonably relied upon that promise and justice requires that the promise be enforced.

What happens if a contract is ambiguous?

If ambiguity exists, courts analyze the contract as a whole, considering the surrounding language and structure to determine the most reasonable interpretation. They look at how the term fits within the broader context of the agreement, including: Titles and headings. Placement of the clause in the contract.

What is the golden rule of interpretation in the UK?

The golden rule is a rule of statutory interpretation and allows the courts to assume that Parliament intended that its legislative provision have a wider definition than its literal meaning, and so the grammatical and ordinary sense of a word can be modified to avoid the inconsistency or absurdity created by an ...

What makes a contract unenforceable in the UK?

Common reasons for a contract to be void include uncertainty in terms, mistakes, illegality, lack of authority, or lack of capacity. A voidable contract differs because one party may choose to cancel it, but the contract remains valid until that happens.

What is the Unidroit principle of contra proferentem?

ARTICLE 4.6 (CONTRA PROFERENTEM RULE)

Such a party should bear the risk of possible lack of clarity of the formulation chosen. It is for this reason that this Article states that if contract terms supplied by one party are unclear, there is a preference for their interpretation against that party.

What does contra mean in legal terms?

What does Contra mean? A sum due by the client to the debtor which may be set-off against a receivable. Speed up all aspects of your legal work with tools that help you to work faster and smarter.

What is the closest synonym for the word contradiction?

What is the meaning of contra in one word?

1. : against : contrary : contrasting. contradistinction. 2. : pitched below normal bass.

What is an exculpatory clause?

An exculpatory clause is part of a contract that prevents one party from holding the other party liable for damages related to the contract.

What is meant by quasi-contract?

A quasi-contract is one that has been imposed by a judge in the absence of a formal prior agreement or contract. It occurs when services have been rendered or one person has benefited in some way at the other's expense.

What are the four requirements for promissory estoppel?

What is the Wensleydale rule?

It is the duty of the Court to give effect to the meaning of an Act when the meaning can be fairly gathered from the words used, that is to say, if one construction would lead to an absurdity while another will give effect to what common sense would show, as obviously intended, the construction which would defeat the ...

What are the four (4) requirements of a valid enforceable contract?

The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

What is noscitur a sociis?

no·​sci·​tur a so·​ci·​is. ˈnō-si-tər-ˌā-ˈsō-sē-yəs, ˈnō-skē-ˌtu̇r-ˌä-ˈsō-kē-ˌēs. : a doctrine or rule of construction: the meaning of an unclear or ambiguous word (as in a statute or contract) should be determined by considering the words with which it is associated in the context.

What is the act of God clause in a contract?

Contracts frequently include an act of God clause, also written as force majeure clause, to allow for non-performance in the event an act of God makes completing the contract impossible.

What is the black law of force majeure?

Black's Law Dictionary

as a result of an event or effect that the parties could not have anticipated or controlled. This concept in contract law allows the party to escape their duties when something beyond their control happens, such as a natural disaster or a government shutdown.

What is frustration of contract?

Frustration of contract is a legal concept that allows a contract to terminate when unforeseen circumstances beyond the parties' control arise.